HomeMy WebLinkAboutSCENIC VIEWS PUD SECOND REPLAT - Filed DA-DEVELOPMENT AGREEMENT - 2004-02-10DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into thisday of vi 199G '
by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
hereinafter referred to as the "City"; and Solitaire Properties, LLC, a Colorado limited
liability company, hereinafter referred to as the "Developer.
WITNESSETH:
WHEREAS, the Developer is the Owner of certain real property situated in the
County of Larimer, State of Colorado, (hereafter referred to as the 'Property") and legally
described as follows, to wit:
The Second Replat of Scenic Views, P.U.D., located in the Northwest 1/4 of Section
16, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County
of Larimer, State of Colorado.
WHEREAS, the Developer desires to develop the Property and has submitted to
the City a subdivision plat and/or a site plan and landscape plan, a copy of which is on file
in the office of the City's Director of Engineering and made a part hereof by reference; and
WHEREAS, the Developer has further submitted to the City utility plans for the
Property, a copy of which is on file in the office of the Director of Engineering and made
a part hereof by reference; and
WHEREAS, the parties hereto have agreed that the development of the Property
will require increased municipal services from the City in order to serve such area and will
require the installation of improvements which will benefit the land to be developed and
also benefit the City as follows:
1. by improving Arterial streets,
2. by adding bike lanes to Arterial streets,
3. by providing professionally landscaped site perimeter with detached walks,
4. by installing underground utilities
5. by installing public walkways and bikeways along the Pleasant Valley and Lake Canal
and throughout the development,
6. by creating a park with trails and facilities including a wetland area,
7. by creating storm drainage improvements which will significantly reduce the potential
of downstream flooding and property damage to downstream lands, residents and property
owners.
funded in whole or in part by the City.
3. The Developer agrees to reimburse the City the sum of $23,008.00, plus
a percentage added to recognize the effects of inflation, for the cost to construct the local
access portion of West Elizabeth Street adjacent to the property. The inflation factor shall
be calculated using the construction cost index for Denver as published in the Engineering
News Record (ENR) of November, 1996, and the same index published in the ENR in the
month preceding payment of the reimbursement. The reimbursement payment shall be
made to the City after completion and acceptance of all public improvements to Overland
Trail and adequate documentation and invoices for the Street Oversizing Program
repayment has been submitted by the Developer, and such documentation has been
verified as true and accurate by the City. The City may elect to credit the reimbursement
of $23,008.00 (plus inflation) towards Street Oversizing Program repayments requested
by the Developer.
4. All public improvements to Overland Trail Road must be completed by the
Developer and accepted by the City prior to the issuance of more than 7 building permits
for 56 individual units ( based upon 8 units per building ) in the development.
5 The Developer and the City agree that the Developer is responsible for all
costs for the initial installation of traffic signing and striping for this development related
to the development's local street operations. In addition the Developer is responsible for
all costs for traffic signing and striping related to directing traffic access to and from the
development (e.g., all signing and striping for a right turn lane into the development site).
$, ,D' Ground Water
1. The City shall not be responsible for, and the Developer hereby agrees
to indemnify and hold harmless the City against, any damages or injuries sustained in the
development as a result of ground water seepage or flooding, structural damage, or other
damage unless such damages or injuries are sustained as a result of the City's failure to
properly maintain its storm drainage facilities in the development. The City agrees to give
notice to the Developer of any claim made against it to which this indemnity and hold
harmless agreement by the Developer could apply, and the Developer shall have the right
to defend any lawsuit based on such claim and to settle any such claim provided
Developer must obtain a complete discharge of all City liability through such settlement.
Failure of the City to give notice of any such claim to the Developer within ninety (90) days
after the City first receives notice of such claim under the Colorado Governmental
Immunity Act for the same, shall cause this indemnity and hold harmless agreement by the
Developer to not apply such claim and such failure shall constitute a release of this
indemnity and hold harmless agreement as to such claim.
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X
F ,E? Hazards and Emergency Access
1. Prior to beginning any building construction, and throughout the buildout
of this development, the Developer shall provide and maintain at all times an accessway
to said building or buildings. Such accessway shall be adequate to handle any emergency
vehicles or equipment, and the accessway shall be kept open during all phases of
construction. Prior to the City allowing combustible material on the site (other than forming
material for concrete footings, foundations and/or concrete walls) such accessway shall
be improved to a width of at least 20 feet with 4 inches of aggregate base course material
compacted according to City Standards and with an 80 foot diameter turnaround at the
building end of said accessway. The turnaround is not required if an exit point is provided
at the end of the accessway.
Miscellaneous
A. The Developer agrees to provide and install, at its expense, adequate
barricades, warning signs and similar safety devices at all construction sites within the
public right-of-way and/or other areas as deemed necessary by the Director of Engineering
in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove
said safety devices until the construction has been completed and approved by the
Director of Engineering.
B. The Developer shall, at all times, keep the public right-of-way free from
accumulation of waste material or rubbish caused by the Developer's operation; shall
remove such rubbish no less than weekly and; at the completion of the work, shall remove
all such waste materials, rubbish, tools, construction equipment, machinery, and surplus
materials from the public right-of-way. The Developer further agrees to maintain the
finished street surfaces so that they are free from dirt caused by the Developer's operation.
Any excessive accumulation of dirt and/or construction materials shall be considered
sufficient cause for the City to withhold building permits and/or certificates of occupancy
until the problem is corrected to the satisfaction of the Director of Engineering. If the
Developer fails to adequately clean such streets within two (2) days after receipt of written
notice, the City may have the streets cleaned at the Developer's expense and the
Developer shall be responsible for prompt payment of all such costs.
C. The Developer hereby agrees that it will require its subcontractors to cooperate
with the City's construction inspectors by ceasing operations when winds are of sufficient
velocity to create blowing dust which, in the inspector's opinion, is hazardous to the public
health and welfare.
D. The Developer shall, pursuant to the terms of this Agreement, complete all
improvements and perform all other obligations required herein, as such improvements or
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obligations may be shown on the original plat and related documents, or any replat as
subsequently filed by the Developer, and the City may withhold such building permits and
certificates of occupancy as it deems necessary to ensure performance hereof.
E. Nothing herein contained shall be construed as a waiver of any requirements
of the City Code, and the Developer agrees to comply with all requirements of the same.
F. In the event the City waives any breach of this Agreement, no such waiver shall
be held or construed to be a waiver of any subsequent breach hereof.
G. Financial obligations of the City of Fort Collins payable after the current fiscal
year and/or not appropriated or budgeted are contingent upon funds for that purpose being
appropriated, budgeted and otherwise made available by the Fort Collins City Council.
H. This Agreement shall run with the Property and shall be binding upon and inure
to the benefit of the parties hereto, their respective personal representatives, heirs,
successors, grantees and assigns. It is agreed that all improvements required pursuant
to this Agreement touch and concern the Property regardless of whether such
improvements are located on the Property. Assignment of interest within the meaning of
this paragraph shall specifically include, but not be limited to, a conveyance or assignment
of any portion of the Developer's legal or equitable interest in the Property, as well as any
assignment of the Developer's rights to develop the Property under the terms and
conditions of this Agreement.
I. In the event the Developer transfers title to the Property and is thereby divested
of all equitable and legal interest in the Property, the City hereby agrees to release said
Developer from liability under this Agreement with respect to any breach of the terms and
conditions of this Agreement occurring after the date of any such transfer of interest. In
such event, the succeeding property owner shall be bound by the terms of this Agreement.
J. Each and every term of this Agreement shall be deemed to be a material element
hereof. In the event that either party shall fail to perform according to the terms of this
Agreement, such party may be declared in default. In the event that a party has been
declared in default hereof, such defaulting party shall be given written notice specifying
such default and shall be allowed a period of ten (10) days within which to cure said
default. In the event the default remains uncorrected, the party declaring default may elect
to: (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing
and require specific performance or; (c) avail itself of any other remedy at law or equity.
K. In the event of the default of any of the provisions hereof by either party which
shall require the party not in default to commence legal or equitable action against said
defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -
defaulting party's reasonable attorney's fees and costs incurred by reason of the default.
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Nothing herein shall be construed to prevent or interfere with the City's rights and
remedies specified in Paragraph III.D of this Agreement.
L. This Agreement shall not be construed as or deemed to be an agreement for
the benefit of any third party or parties, and no third party or parties shall have any right
of action hereunder for any cause whatsoever.
M. It is expressly understood and agreed by and between the parties hereto that
this Agreement shall be governed by and its terms construed under the laws of the State
of Colorado and the City of Fort Collins, Colorado.
N. Any notice or other communication given by any party hereto to any other party
relating to this Agreement shall be hand -delivered or sent by certified mail, return receipt
requested, addressed to such other party at their respective addresses as set forth below;
and such notice or other communication shall be deemed given when so hand -delivered
or three (3) days after so mailed:
If to the City: Engineering Development Review
City of Fort Collins
P.O. Box 580
Fort Collins, Co 80522
With a copy to: City Attorney's Office
City of Fort Collins
P.O. Box 580
Fort Collins, Co 80522
If to the Developer: William B. Veio, Manager
Solitaire Properties, L.L.C.
6645 East Heritage Place So.
Englewood, Co. 80111
Notwithstanding the foregoing, if either/ any party to this Agreement, or their successors,
grantees or assigns, wishes to change the person, entity or address to which notices under
this Agreement are to be sent as provided above, such party shall do so by giving the
other parties to this Agreement written notice of such change.
O. When used in this Agreement, words of the masculine gender shall include the
feminine and neuter gender, and when the sentence so indicates, words of the neuter
gender shall refer to any gender; and words in the singular shall include the plural and vice
versa. This Agreement shall be construed according to its fair meaning, and as if prepared
by all parties hereto, and shall be deemed to be and contain the entire understanding and
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agreement between the parties hereto pertaining to the matters addressed in this
Agreement. There shall be deemed to be no other terms, conditions, promises,
understandings, statements, representations, expressed or implied, concerning this
Agreement, unless set forth in writing signed by all of the parties hereto. Further,
paragraph headings used herein are fore convenience of reference and shall in no way
define, limit, or prescribe the scope or intent of any provision under this Agreement.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
�-l[G By: /� 1.a)u
City Wanager
� m.19m, AM - ME
APPROVED AS TO CONTENT:
Director of Engineeri Iko
APPRO ZS
�O FORM:
�
Deputy City Attorney
DEVELOPER:
Solitaire Properties, LLC, a Colorado
limited liability company
By:
� ' y�
William B. Veio, Mana er
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EXHIBIT "A"
Schedule of water lines to be installed out of sequence.
Not Applicable.
2. Schedule of sanitary sewer lines to be installed out of sequence.
Not Applicable.
3. Schedule of street improvements to be installed out of sequence.
Not Applicable
4. Schedule of storm drainage improvements to be installed out of sequence.
Not Applicable.
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EXHIBIT "B"
Not Applicable
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WHEREAS, the City has approved the subdivision plat and/or site plan and landscape
plan submitted by the Developer subject to certain requirements and conditions which
involve the installation of and construction of utilities and other municipal improvements
in connection with the Property.
NOW, THEREFORE, in consideration of the promises of the parties hereto and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, it is agreed as follows:
General Conditions
A. The terms of this Agreement shall govern all development activities of the
Developer pertaining to the Property. For the purposes of this Agreement, "development
activities" shall include, but not be limited to, the following: (1) the actual construction of
improvements, (2) obtaining a building permit therefor, or (3) any change in grade, contour
or appearance of the Property caused by, or on behalf of, the Developer with the intent to
construct improvements thereon.
B. All water lines, sanitary sewer collection lines, storm sewer lines and facilities,
streets, curbs, gutters, sidewalks, and bikepaths shall be installed as shown on the
approved utility plans and in full compliance with the Council -approved standards and
specifications of the City on file in the office of the Director of Engineering at the time of
approval of the utility plans relating to the specific utility, subject to a three (3) year time
limitation from the date of execution of this Agreement. In the event that the Developer
commences or performs any construction pursuant hereto after three (3) years from the
date of execution of this agreement, the Developer shall resubmit the project utility plans
to the Director of Engineering for reexamination. The City may require the Developer to
comply with approved standards and specifications of the City on file in the office of the
Director of Engineering at the time of resubmittal.
C. No building permit for the construction of any structure within the development
shall be issued by the City until the public water lines, fire hydrants, sanitary sewer lines,
and public streets (including curb, gutter, sidewalk and pavement with at least the base
course completed) serving such structure have been completed and accepted by the City.
Notwithstanding the foregoing, the Developer shall be entitled to receive a footing and
foundation permit for the construction of improvements within the development upon the
installation of adequate water lines, fire hydrants, and emergency access to provide fire
protection and other emergency services to the site. No building permits shall be issued
for any structure located in excess of six hundred and sixty feet (660') from a single point
of access.
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D. Any water lines, sanitary sewer lines, storm drainage lines, and/or streets
described on Exhibit "A," attached hereto, shall be installed within the time and/or
sequence required on Exhibit "A." If the Director of Engineering has determined that any
water lines, sanitary sewer lines, storm drainage facilities and/or streets are required to
provide service or access to other areas of the City, those facilities shall be shown on the
utility plans and shall be installed by the Developer within the time as established under
"Special Conditions" in this document.
E. Except as otherwise herein specifically agreed, the Developer agrees to install
and pay for all water, sanitary sewer, and storm drainage facilities and appurtenances, and
all streets, curbs, gutters, sidewalks, bikeways and other public improvements required by
this development as shown on the approved plat, site, landscape and utility plans, and
other approved documents pertaining to this development on file with the City.
F. Street improvements (except curbs, gutters and walks) shall not be installed until
all utility lines to be placed therein have been completely installed, including all individual
lot service lines leading in and from the main to the property line.
G. The installation of all utilities shown on the utility plans shall be inspected by the
Engineering Department of the City and shall be subject to such department's approval.
The Developer agrees to correct any deficiencies in such installations in order to meet the
requirements of the plans and/or specifications applicable to such installation. In case of
conflict, the utility plans shall supersede the standard specifications.
H. All storm drainage facilities shall be so designed and constructed by the
Developer as to protect downstream and adjacent properties against injury and to
adequately serve the Property (and other lands as may be required, if any). The
Developer shall meet or exceed the minimum requirements for storm drainage facilities as
have been established by the City in its Drainage Master Plans and Design Criteria. The
Developer does hereby indemnify and hold harmless the City from any and all claims that
might arise, directly or indirectly, as a result of the discharge of injurious storm drainage
or seepage waters from the Property in a manner or quantity different from that which was
historically discharged and caused by the design or construction of the storm drainage
facilities, except for (1) such claims and damages as are caused by the acts or omissions
of the City in maintenance of such facilities as have been accepted by the City for
maintenance; (2) errors, if any, in the general concept of the City's master plans (but not
to include any details of such plans, which details shall be the responsibility of the
Developer); and (3) specific directives that may be given to the Developer by the City. The
City agrees to give notice to the Developer of any claim made against it to which this
indemnity and hold harmless agreement by the Developer could apply, and the Developer
shall have the right to defend any lawsuit based on such claim and to settle any such claim
provided Developer must obtain a complete discharge of all City liability through such
settlement. Failure of the City to give notice of any such claim to the Developer within
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ninety (90) days after the City first receives a notice of such claim under the Colorado
Governmental Immunity Act for the same, shall cause this indemnity and hold harmless
agreement by the Developer to not apply to such claim and such failure shall constitute a
release of this indemnity and hold harmless agreement as to such claim. Approval of and
acceptance by the City of any storm drainage facility design or construction shall in no
manner be deemed to constitute a waiver or relinquishment by the City of the aforesaid
indemnification. The Developer shall engage a Colorado licensed professional engineer
to design the storm drainage facilities as aforesaid and it is expressly affirmed hereby that
such engagement shall be intended for the benefit of the City, and subsequent purchasers
of property in the development.
I. At the time of issuance of the first building permit for this development, the
Developer shall pay storm drainage basin fees in accordance with Chapter 26, Article VI
of the City Code either in the agreed upon estimated amount of $16,476.18 (as determined
by the Stormwater Utility on November 7, 1997), or the amount as determined by the City
Code at the time of the issuance of said permit, whichever is greater. Storm drainage
improvements eligible for credit or City repayment under the provisions of Chapter 26 are
described together with estimated cost of the improvements on the attached Exhibit "B,"
which improvements, if applicable, shall include right-of-way, design and construction
costs. See also Section II.C, Special Conditions, Storm Drainage Lines and
Appurtenances.
J. The Developer shall provide the Director of Engineering with certified Record
Plan Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase
of the construction.
K. The Developer specifically represents that to the best of its knowledge all
portions of the Property dedicated to the City associated with this development are in
compliance with all environmental protection and anti -pollution laws, rules, regulations,
orders or requirements, including solid waste requirements, as defined by the U. S.
Environmental Protection Agency Regulations at 40 C.F.R., Part 261, and that such
portions of the Property as are dedicated to the City pursuant to this development, are in
compliance with all such requirements pertaining to the disposal or existence in or on such
dedicated property of any hazardous substances, pollutants or contaminants, as defined
by the Comprehensive Environmental Response Compensation and Liability Act of 1980,
as amended, and regulations promulgated thereunder. The Developer does hereby
indemnify and hold harmless the City from any liability whatsoever that may be imposed
upon the City by any governmental authority, pertaining to the disposal of hazardous
substances, pollutants or contaminants, and cleanup necessitated by leaking underground
storage tanks, excavation and/or backfill of hazardous substances, pollutants or
contaminants, or environmental cleanup responsibilities of any nature whatsoever on, of,
or related to any property dedicated to the City in connection with this development. The
Developer further agrees to indemnify and hold harmless the City from any claims or
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actions based directly, indirectly or in any manner on any of the aforementioned
environmental risks brought against the City by third parties arising as a result of the
dedication of portions of the Property to the City in connection with this development. Said
indemnification shall not extend to claims, actions or other liability arising as a result of any
hazardous substance, pollutant or contaminant generated or deposited by the City, its
agents or representatives, upon portions of the Property dedicated to the City in
connection with this development. The City agrees to give notice to the Developer of any
claim made against it to which this indemnity and hold harmless agreement by the
Developer could apply, and the Developer shall have the right to defend any lawsuit based
on such claim and to settle any such claim provided Developer must obtain a complete
discharge of all City liability through such settlement. Failure of the City to give notice of
any such claim to the Developer within ninety (90) days after the City first receives a notice
of such claim under the Colorado Governmental Immunity Act for the same, shall cause
this indemnity and hold harmless agreement by the Developer to not apply to such claim
and such failure shall constitute a release of this indemnity and hold harmless agreement
as to such claim.
II. Special Conditions
A. Water Lines
Not Applicable
B. Sewer Lines
Not Applicable
C. Storm Drainage Lines and Appurtenances
1. The Developer and the City agree that all on -site and off -site storm
drainage improvements, as shown on the approved utility plans for this development, shall
be completed by the Developer in accordance with said approved plans prior to the
issuance of more than 7 building permits, for 56 individual units (based upon 8 units per
building ) in the development. Completion of improvements shall include the certification
by a professional engineer licensed in Colorado that the drainage facilities, with the
exception of the complete retention pond volume, which serves this development has
been constructed in conformance with said approved plans. Said certification shall be
submitted to the City at least two weeks prior to the date of issuance for any building
permit for the development. At the time of initial certification, the developer shall provide
the City with a volume certification showing that the pond has enough capacity to detain
twice the 100 year volume of the developed area corresponding to the area encompassed
by the initial construction. This volume shall be calculated by obtaining the ratio of area
of development built at the time of the initial certification to the total development area and
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multiplying that ratio by the total retention pond volume. The intent of this initial or partial
pond certification is to provide the developer with a time frame of up to one (1) year during
which development can occur on this property without having to fully build the retention
pond as shown on the approved utility plans. Additional permits up to a maximum of 11
permits corresponding to 88 individual units may be issued in this development as
additional retention volume capacity is provided in the pond. Additional building permits
will be issued based upon the ratio of area developed to the retention pond volume
provided in the pond. For each additional building permit requested and issued, the
developer shall provide as provided above, proof that the pond volume has been
increased in size to provide the needed capacity in accordance with the developed to
volume ratio.
No more then 11 building permits for 88 units ( based on 8 units per building ) shall be
issued in this development prior to completion, certification and acceptance of all drainage
facilities associated with this development as shown on the approved utility plans including
the retention pond.
Prior to the issuance of individual certificates of occupancy for each building a grading and
drainage certification shall be submitted and approved by the City. This certification is to
insure that the building and its associated infrastructure was built and graded in
accordance with the approved utility plans.
2. The Developer agrees to provide and maintain erosion control
improvements as shown on the approved utility plans to stabilize all over -lot grading in and
adjacent to this development. The Developer shall also be required to post a security
deposit in the amount of $16,740.00 prior to beginning construction to guarantee the
proper installation and maintenance of the erosion control measures shown on the
approved utility plans for this development. Said security deposit(s) shall be made in
accordance with the criteria set forth in the City's Storm Drainage Design Criteria and
Construction Standards (Criteria). If, at any time, the Developer fails to abide by the
provisions of the approved utility plans or the Criteria, the City may enter upon the
Property for the purpose of making such improvements and undertaking such activities as
may be necessary to ensure that the provisions of said plans and the Criteria are properly
enforced. The City may apply such portion of the security deposit(s) as may be necessary
to pay all costs incurred by the City in undertaking the administration, construction, and/or
installation of the erosion control measures required by said plans and the Criteria. In
addition, the City shall have the option to withhold building permits and certificates of
occupancy, as stated in Paragraph III.D of this Agreement, as it deems necessary in order
to ensure that the Developer installs and maintains the erosion control measures
throughout the buildout of this development.
3. The Developer and the City agree that the storm drainage system for this
development contains some features that make it important to construct the facilities in
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accordance with the plans and to ensure that the facilities are maintained and kept
operational throughout the buildout of this development and thereafter.
4. The Developer and the City agree that it is important that all lots be graded to
drain in the configuration shown on the approved utility plans for this development. For
this reason the following additional requirements shall be followed on all lots within this
development. Prior to the issuance of a certificate of occupancy for each of said lots the
Developer shall provide the City with certification that the lot has been graded correctly
(including the grading of any minor swales, if applicable); the lot corner elevations
specified on the approved plans are correct and in accordance with the approved plans;
and the minimum floor elevation for all buildings constructed on said lot has been
completed in accordance with the approved plans. Said certification shall be completed
by a Colorado licensed professional engineer and shall be submitted at least two weeks
prior to the date of issuance of the desired certificate of occupancy.
5. The Developer shall obtain the City's prior approval of any changes from the
approved utility plans in grade elevations and/or storm drainage facility configuration that
occur as a result of the construction of houses and/or development of lots, whether by the
Developer or other parties. The City reserves the right to withhold the issuance of building
permits and certificates of occupancy for this development until the City has approved
such changes as being acceptable for the safe and efficient delivery of storm drainage
water.
6. The Developer and the City agree that the Developer is obligated to maintain
all on -site storm drainage facilities not accepted for maintenance by the City. The on -site
improvements shall include the retention pond and all facilities associated with the
drainage to and from the pond. The City shall have no obligation to maintain the aforesaid
facilities. The Developer will transfer this maintenance responsibility to the Homeowners
Association (HOA) when a sufficient number of homes have been purchased by residents
to trigger the transfer to the HOA in accordance with the HOA bylaws and/or other official
documents.
7. No land disturbance shall occur outside of the limits of construction as
delineated on the approved utility plans for this development. Any wetlands disturbance
shall be mitigated by the establishment of an equivalent area of created wetlands, within
the proposed water quality / retention area. It is agreed that a wetland / water quality pond
shall remain in place as a stormwater quality and wetlands mitigation measure to
compensate for the disturbance of existing wetlands on this site. In the event the pond is
transformed into a detention pond with no retention, the wetland feature shall be replaced
in an equivalentt manner as deemed acceptable to the City of Fort Collins Natural
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Resources and Stormwater Utility departments
B. Nothing in this agreement shall relieve the Developer, its grantee(s),
successors, or assigns, or Homeowners Association from agreeing to approve and support
any stormwater facility changes which tie into a developed drainage way and eliminate the
necessity of pumping the stormwater into the Pleasant Valley Lake Canal.
9. Under no circumstances shall the discharge into the Pleasant Valley and
Lake Canal be operated during or after any rainfall which produced or is anticipated by the
National Weather Service to produce localized measurements of one (1) inch or more of
rain, without the approval of the Pleasant Valley Lake and Canal Company and the City
of Fort Collins Stormwater Utility. The purpose of this retention pond is to protect
neighboring or downstream properties from adverse storm impacts.
10. The grading of the site shall maintain all existing spill locations and shall
not change or increase the volume rate of discharge at which the Pleasant Valley Lake
Canal currently spills. The Developer shall be responsible for any change in grading,
whether that change is clearly shown on the grading plan or not, that may cause any
damage or harm to neighboring or downstream properties.
11. The Developer represents that it and a representative of the Pleasant
Valley Lake and Canal Company have discussed maintenance conditions, retention pond,
pump maintenance, canal access, public education programs and the Developers
Stormwater Quality and Maintenance Control Plan. The Developer agrees to execute a
Ditch Crossing Agreement and a separate, Permission to Discharge Controlled Stormwater
Agreement with the Pleasant Valley Lake and Canal Company (The "Permission to
Discharge Agreement'). The Permission to Discharge Agreement allows controlled
discharge of stormwater from the site retention pond into the Pleasant Valley Lake Canal,
provided maintenance is conducted regularly and properly and the stormwater quality is
acceptable. The Permission to Discharge Agreement will be recorded with the Larimer
County Clerk and Recorder and a copy of said Permission to Discharge Agreement shall
be delivered to the City prior to the City signing the utility plans for the development. If the
Pleasant Valley Lake and Canal Company has signed the utility plans then the City will
also sign the utility plans without the necessity of the execution of the Permission to
Discharge Agreement.
12. The Developer is responsible for the operation and maintenance of the
retention pond until such time as all units to be constructed on the property are occupied.
At the point in time that the HOA will assume ownership of the common areas, the HOA
will assume the responsibility for the maintenance of the retention pond and the property
along the canal. The HOA will follow Standard Operating Procedures, prepared by the
Developer in conjunction with the Pleasant Valley Lake and Canal Company, to handle
grounds and pond maintenance, resident and visitor education regarding the canal as a
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natural resource, and other water quality and common sense programs for minimizing
environmental pollution to their residences, the common area and canal. The HOA will
periodically prepare stormwater samples for testing to monitor the effectiveness of the
retention pond design and to ensure water quality continues to be acceptable to the
Pleasant Valley Lake and Canal Company.
D. Streets.
1. Subject to the conditions of this Agreement, the City agrees to reimburse
the Developer for oversizing public street improvements along Overland Trail for those
portions of said street abutting the Property as shown on the approved utility plans.
Reimbursement for Overland Trail shall be for oversizing the street from residential
(access) standards to Arterial street standards. The City shall make reimbursement to the
Developer for the aforesaid oversized street improvements in accordance with Section 24-
121 of the Code of the City. The Developer agrees and understands that the City shall
have no obligation to make reimbursement payments for street oversizing unless funds for
such payments shall first have been budgeted and appropriated from the Street Oversizing
Fund by the City Council; and the Developer further understands that to the extent that
funds are not available for such reimbursement, the City may not, in the absence of the
Developer's agreement, require the construction, at the Developer's expense, of any
oversized portion of streets not reasonably necessary to offset the traffic impacts of the
development. The Developer does hereby agree to construct the aforesaid oversized
street improvements with the understanding that the Developer may not be fully
reimbursed by the City for the cost of such construction. The Developer further agrees to
accept payment in accordance with Section 24-121 (d) of the Code of the City as full and
final settlement and complete accord and satisfaction of all obligations of the City to make
reimbursements to the Developer for street oversizing expenses. It is anticipated by the
City that the City's reimbursement, in accordance with Section 24-121 (d), would not be
less than fifty percent (50%) of the Developer's actual expenses incurred and will be
calculated in accordance with the formula as set forth in Section 24-121 (d).
2. It is understood that the improvements that are to be constructed in the
public right-of-way as described in this Section II(D) are "City improvements" (as defined
below) and, as such, any contract for the construction of the same must be executed in
writing. If the cost of such improvements exceeds the sum of Thirty Thousand Dollars
($30,000), the contract for the construction of the same must be submitted to a competitive
bidding process resulting in an award to the lowest responsible bidder; and evidence must
be submitted to the City prior to the commencement of the work showing that the award
was given to the lowest responsible bidder. If the cost of such improvements exceeds Fifty
Thousand Dollars ($50,000), the contract for the construction of the improvements must
be insured by a performance bond or other equivalent security. For purposes of this
paragraph, the term "City improvements" shall mean either (1) existing improvements
owned by the City that are to be modified or reconstructed, or (2) any improvements
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